Article 370 Verdict: Supreme Court Upholds Abrogation Of J&K's Special Status

The Supreme Court has upheld the constitutional order abrogating Article 370, calling the special status granted to the erstwhile state of Jammu and Kashmir as "temporary".

"Article 370 was an interim arrangement due to war-like conditions in the state," Chief Justice of India DY Chandrachud said, while reading the majority judgement.

In essence, the court has said that Article 370 was a temporary provision and the state of J&K did not retain an element of sovereignty after its accession to India. "We have held that a textual reading of Article 370 also indicates that it is a temporary provision"

The President has the power to issue order for abrogation of Article 370, the top court ruled. "The court cannot sit in appeal over the decision of the President on whether the special circumstances which led to the arrangement under Article 370 have ceased to exist."

The CJI, reading from the judgment, said the court holds that all provisions of the Constitution of India can be applied to J&K using Article 370(1)(d) in one go.

Resultantly, the court held that the exercise of power by the President to issue constitutional order No. 273 is valid.

The CJI authored the judgment on behalf of himself, Justice Gavai and Justice Surya Kant. Justice Sanjiv Khanna concurred with the verdict. While Justice Sanjay Kishan Kaul authored a separate judgment, he agreed that the president has power to abrogate Article 370.

The Supreme Court, however, directed Election Commission to conduct elections in Jammu and Kashmir by 2024.

Citing the submissions of the solicitor general that the status of union territory was temporary, the Supreme Court said "we don't find it necessary to determine whether the reorganisation of J&K into UT is valid."

However, the court has said that J&K's statehood should be restored at the earliest.

The reorganisation of Ladakh as Union Territory is upheld as Article 3 allows a portion of state to be made as UT, the court said. "The question whether Parliament can convert a state into a union territory is left open."